10 U.S. Code § 441 - Establishment

(a) Establishment.— The National Geospatial-Intelligence Agency is a combat support agency of the Department of Defense and has significant national missions.

(b) Director.—

(1)The Director of the National Geospatial-Intelligence Agency is the head of the agency.

(2)Upon a vacancy in the position of Director, the Secretary of Defense shall recommend to the President an individual for appointment to the position.

(3)If an officer of the armed forces on active duty is appointed to the position of Director, the position shall be treated as having been designated by the President as a position of importance and responsibility for purposes of section
601 of this title and shall carry the grade of lieutenant general, or, in the case of an officer of the Navy, vice admiral.

(c) Director of National Intelligence Collection Tasking Authority.— Unless otherwise directed by the President, the Director of National Intelligence shall have authority (except as otherwise agreed by the Director and the Secretary of Defense) to—

(d) Availability and Continued Improvement of Imagery Intelligence Support to All-Source Analysis and Production Function.— The Secretary of Defense, in consultation with the Director of National Intelligence, shall take all necessary steps to ensure the full availability and continued improvement of imagery intelligence support for all-source analysis and production.

Subchapter effective Oct. 1, 1996, see section 1124 ofPub. L. 104–201, set out as an Effective Date of 1996 Amendment note under section
193 of this title.

Short Title of 1996 Amendment

Pub. L. 104–201, div. A, title XI, § 1101,Sept. 23, 1996, 110 Stat. 2676, provided that: “This title [enacting this chapter, section
424 of this title, and sections
404e and
404f of Title
50, War and National Defense, amending sections
193,
201, and
451 to
456 of this title, sections
2302,
3132,
4301,
4701,
5102,
5342,
6339, and
7323 of Title
5, Government Organization and Employees, section 105 of the Ethics in Government Act of 1978, set out in the Appendix to Title
5, section
82 of Title 14, Coast Guard, section
2006 of Title
29, Labor, section
1336 of Title
44, Public Printing and Documents, and sections
401a and
403–5 of Title
50, renumbering chapter 22 and sections
451,
452,
2792 to
2796, and
2798 of this title as chapter 23 and sections
481,
482,
451 to
455, and
456 of this title, respectively, repealing sections
424,
425,
2791, and
2797 of this title, enacting provisions set out as notes under this section and section
193 of this title, and amending provisions set out as a note under section
501 of Title
44] may be cited as the ‘National Imagery and Mapping Agency Act of 1996’.”

“(1) which have been issued, made, granted, or allowed to become effective by the President, any Federal agency or official thereof, or by a court of competent jurisdiction, in connection with any of the functions which are transferred under this title [see Short Title of 1996 Amendment note above] or any function that the National Imagery and Mapping Agency [now National Geospatial-Intelligence Agency] is authorized to perform by law, and

“(2) which are in effect at the time this title takes effect, or were final before the effective date of this title [Oct. 1, 1996] and are to become effective on or after the effective date of this title,

shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Secretary of Defense, the Director of the National Imagery and Mapping Agency [now National Geospatial-Intelligence Agency] or other authorized official, a court of competent jurisdiction, or by operation of law.

“(b) Proceedings Not Affected.—This title and the amendments made by this title shall not affect any proceedings, including notices of proposed rulemaking, or any application for any license, permit, certificate, or financial assistance pending before an element of the Department of Defense or Central Intelligence Agency at the time this title takes effect, with respect to function of that element transferred by section
1111 [set out below], but such proceedings and applications shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this title had not been enacted, and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this section shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this title had not been enacted.”

Redesignation of National Imagery and Mapping Agency as National Geospatial-Intelligence Agency

“(a) Redesignation.—The National Imagery and Mapping Agency of the Department of Defense is hereby redesignated as the National Geospatial-Intelligence Agency.

“(g) References.—Any reference to the National Imagery and Mapping Agency in any law, regulation, map, document, record, or other paper of the United States shall be considered to be a reference to the National Geospatial-Intelligence Agency.”

“(1) There is a need within the Department of Defense and the Intelligence Community of the United States to provide a single agency focus for the growing number and diverse types of customers for imagery and geospatial information resources within the Government, to ensure visibility and accountability for those resources, and to harness, leverage, and focus rapid technological developments to serve the imagery, imagery intelligence, and geospatial information customers.

“(2) There is a need for a single Government agency to solicit and advocate the needs of that growing and diverse pool of customers.

“(3) A single combat support agency dedicated to imagery, imagery intelligence, and geospatial information could act as a focal point for support of all imagery intelligence and geospatial information customers, including customers in the Department of Defense, the Intelligence Community, and related agencies outside of the Department of Defense.

“(4) Such an agency would best serve the needs of the imagery, imagery intelligence, and geospatial information customers if it were organized—

“(A) to carry out its mission responsibilities under the authority, direction, and control of the Secretary of Defense, with the advice of the Chairman of the Joint Chiefs of Staff; and

“(B) to carry out its responsibilities to national intelligence customers in accordance with policies and priorities established by the Director of Central Intelligence.”

Establishment of National Geospatial-Intelligence Agency; Transfer of Functions

“(a) Establishment.—There is hereby established in the Department of Defense a Defense Agency to be known as the National Imagery and Mapping Agency [now National Geospatial-Intelligence Agency].

“(b) Transfer of Functions From Department of Defense Entities.—The missions and functions of the following elements of the Department of Defense are transferred to the National Imagery and Mapping Agency [now National Geospatial-Intelligence Agency]:

“(1) The Defense Mapping Agency.

“(2) The Central Imagery Office.

“(3) Other elements of the Department of Defense as specified in the classified annex to this Act [see section 1002 ofPub. L. 104–201, set out as a note under section
114 of this title].

“(c) Transfer of Functions From Central Intelligence Agency.—The missions and functions of the following elements of the Central Intelligence Agency are transferred to the National Imagery and Mapping Agency [now National Geospatial-Intelligence Agency]:

“(1) The National Photographic Interpretation Center.

“(2) Other elements of the Central Intelligence Agency as specified in the classified annex to this Act.

“(d) Preservation of Level and Quality of Imagery Intelligence Support to All-Source Analysis and Production.—In managing the establishment of the National Imagery and Mapping Agency [now National Geospatial-Intelligence Agency], the Secretary of Defense, in consultation with the Director of Central Intelligence, shall ensure that imagery intelligence support provided to all-source analysis and production is in no way degraded or compromised.”

“(a) Personnel and Assets.—Subject to subsections (b) and (c), the personnel, assets, unobligated balances of appropriations and authorizations of appropriations, and, to the extent jointly determined appropriate by the Secretary of Defense and Director of Central Intelligence, obligated balances of appropriations and authorizations of appropriations employed, used, held, arising from, or available in connection with the missions and functions transferred under section
1111(b) orsection
1111(c) [set out above] are transferred to the National Imagery and Mapping Agency [now National Geospatial-Intelligence Agency]. Transfers of appropriations from the Central Intelligence Agency under this subsection shall be made in accordance with section
1531 of title
31, United States Code.

“(b) Determination of CIA Positions To Be Transferred.—Not earlier than two years after the effective date of this subtitle [Oct. 1, 1996], the Secretary of Defense and the Director of Central Intelligence shall determine which, if any, positions and personnel of the Central Intelligence Agency are to be transferred to the National Imagery and Mapping Agency [now National Geospatial-Intelligence Agency]. The positions to be transferred, and the employees serving in such positions, shall be transferred to the National Imagery and Mapping Agency under terms and conditions prescribed by the Secretary of Defense and the Director of Central Intelligence.

“(c) Rule For CIA Imagery Activities Only Partially Transferred.—If the National Photographic Interpretation Center of the Central Intelligence Agency or any imagery-related activity of the Central Intelligence Agency authorized to be performed by the National Imagery and Mapping Agency [now National Geospatial-Intelligence Agency] is not completely transferred to the National Imagery and Mapping Agency, the Secretary of Defense and the Director of Central Intelligence shall—

“(1) jointly determine which, if any, contracts, leases, property, and records employed, used, held, arising from, available to, or otherwise relating to such Center or activity is to be transferred to the National Imagery and Intelligence Agency; and

“(2) provide by written agreement for the transfer of such items.”

Creditable Civilian Service for Career Conditional Employees of Defense Mapping Agency

Section 1115 ofPub. L. 104–201provided that: “In the case of an employee of the National Imagery and Mapping Agency [now National Geospatial-Intelligence Agency] who, on the day before the effective date of this title [Oct. 1, 1996], was an employee of the Defense Mapping Agency in a career-conditional status, the continuous service of that employee as an employee of the National Imagery and Mapping Agency on and after such date shall be considered creditable service for the purpose of any determination of the career status of the employee.”

Definitions

Pub. L. 104–201, div. A, title XI, § 1117,Sept. 23, 1996, 110 Stat. 2686, provided that: “In this subtitle [subtitle A (§§ 1111–1118) of title XI of div. A of Pub. L. 104–201, enacting this chapter, section
424 of this title, and sections
3045 and
3046 of Title
50, War and National Defense, amending sections
193 and
451 to
456 of this title, section
1336 of Title
44, Public Printing and Documents, and section
3038 of Title
50, renumbering chapter 22 and sections
2792 to
2796 and
2798 of this title as chapter 23 and sections
451 to
455 and
456 of this title, respectively, repealing sections
424 and
425 of this title, enacting provisions set out as notes under this section, and amending provisions set out as a note under section
501 of Title
44], the terms ‘function’, ‘imagery’, ‘imagery intelligence’, and ‘geospatial information’ have the meanings given those terms in section
467 of title
10, United States Code, as added by section
1112.”

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